Is a WhatsApp or email agreement a written contract for SOPA?
It can be. Section 4(4) treats a contract as made in writing if it is in writing whether or not signed, made by an exchange of written communications, recorded with the parties' authority, or agreed by reference to written terms. The Act also allows service by email, and by other electronic methods authorised by regulations. Keep the exchange that records the scope and price.
From the RRD Field Guide, checked against the sources cited in Security of Payment Act (SOPA) Singapore: Progress Payments and Adjudication for Owners and Contractors. General information, not advice for your project.
The fuller picture
Singapore's Security of Payment Act gives anyone who does construction work or supplies goods or services under a written contract a statutory right to progress payment. The claimant serves a payment claim; the respondent must reply with a payment response within the contract period (maximum 21 days) or 14 days; unresolved disputes go to fast adjudication at the Singapore Mediation Centre, enforceable as a court judgment.
More questions on this topic
- Does SOPA apply to my renovation or fit-out contract?
- What happens if the owner does not send a payment response?
- How long does SOPA adjudication take?
- How much does adjudication cost?
- Can a contract avoid SOPA or use a pay-when-paid clause?
- Can the contractor stop work if it is not paid?
- Can an owner challenge an adjudication determination?